Summary: We will not investigate this complaint about the Council’s decision that the complainant cannot join the housing register. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council has ignored that his daughter lives with him and will not let him join the housing register.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes Mr X’s housing applications and the Council’s decision. I also considered our Assessment Code and comments Mr X made in reply to a draft of this decision.

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My assessment

4. People cannot join the housing register if they do not have a local connection with Birmingham. The local connection rules are defined in the allocation policy. The rules include people who have lived in the area for the past 12 months or people who work in the area.
5. Mr X applied to join the housing register in April 2021. He was not living in the area when he applied. He included his daughter in the application but said she would not be moving with him. Mr X said he worked in the area. The Council invited Mr X to provide evidence that he works in the area but says he has not done so.
6. The Council rejected the application because Mr X does not meet the local connection rules. This is because he does not live in the area and has not provided evidence he works in the area. There is also no evidence that he meets any of the other local connection criteria.
7. Mr X submitted another application in February 2022. He again referred to his daughter and said she would not be moving with him. Mr X stated he lives at an address outside the Council area. The Council has not yet processed this second application.
8. Mr X says he needs to move because his daughter goes to school in Birmingham. He has stressed that he receives Child Benefit for his daughter. Mr X says his current accommodation is unsuitable and the journey to school each day is hard for his daughter. Mr X says the Council’s decision is wrong because it has ignored that his daughter lives with him and is part of the application.
9. I will not investigate this complaint because there is insufficient evidence of fault by the Council. Mr X’s application shows he lives at a property outside the Council area and there is no evidence he has provided the Council with proof that he works in the area or meets any of the other local connection rules. The Council’s decision that Mr X cannot join the housing register is consistent with the policy so there is no reason to start an investigation. The fact that his daughter goes to school in Birmingham, and Mr X gets Child Benefit, has no bearing on the local connection issue.
10. The Council’s decision is not linked to Mr X’s wish to include his daughter but due to not meeting the local connection rules. The Council has also pointed out to Mr X that he stated his daughter would not be moving with him. It asked him to amend this if it is wrong. That said, Mr X will remain ineligible to join the housing register if he continues not to meet the local connection rules as defined by the policy.

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Final decision

11. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman